Section 330.1804. Certification inspections and investigations.

(1) A newly opened facility that has a temporary certification shall notify the department when the number of residents of the facility reaches 50% of the licensed capacity. Upon notice, the department will schedule and conduct an on-site review of the facility's specialized program.

A written report of the review shall be provided to the department of social

services, the licensee, and the placing agency. Based upon the review, the department may issue a provisional or regular certification. This rule does not apply to facilities certified through the intermediate care facilities for the mentally retarded (ICF/MR) program.

(2)   Upon receipt of a complaint regarding the provision of specialized program services, the department shall conduct a review within 30 days to determine whether these rules have been violated. The department shall issue a written report of its findings and provide a copy to the department  of social services, the complainant, the facility, and the placing agency.

(3)   The department shall issue a complaint against a facility if rule violations warrant.

(4)   Failure of the licensee to fully cooperate with the department in connection with inspections and investigations is a ground for the  denial,  suspension,  or revocation  of,  or  refusing  to   renew,    a  facility's certification.

(5)  If a certified facility voluntarily relinquishes its license or has its license revoked, suspended, or not renewed, and if all administrative appeals are exhausted, the facility is decertified as a matter of law.

History: 1996 AACS.